
Understanding the Impact of Night Shifts on Custody Cases
Does working the night shift affect your ability to win custody?
Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with the Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years, and I want to help make the law easy by talking about how working day shift versus night shift might affect your custody case.
Key Factors in Custody Decisions
The quick answer is—not necessarily. Like many things in law, it depends.
The main factor is your schedule. Are you working seven nights a week? Five? Three? How many overnights are you away from home when your child is sleeping? That’s an important consideration.
The second factor is your support system. Do you have a spouse, partner, family member, or close friend who can be at home while you’re working? Someone to make sure the child gets to school in the morning or is cared for after school until you return? Courts want to know who will step in when you’re unavailable.
Ensuring Your Child’s Best Interest
Working nights alone is not a deal breaker. What matters is how that schedule impacts your ability to parent and whether your child’s needs are still met. The golden rule in any custody case is the best interest of the child. If you can show the court that your arrangement still meets that standard, you have a strong argument for custody.
I’ve seen parents with night shifts win custody, and I’ve seen others lose it. The difference comes down to the total circumstances—not just the job schedule, but how well it works for the child.
Reach Out for Expert Guidance
If you have questions about your specific situation, give me a call. My name is Carl Birkhead and I’m a Tulsa child custody attorney with the Wirth Law Office, and I want to help you make law easy.
Schedule a Low-Cost Initial Strategy Session
Take the first step towards understanding your custody rights today. Contact me at 918-879-1681 to schedule a low-cost initial strategy session and explore how we can work together for your and your child’s best interests.